Music guitar solo guitar solo Thank you. Thank you. Thank you. Thank you. Thank you. Welcome and greetings, everyone. Welcome to the meeting of the Lexington-Fayette Urban County Council. And first on our agenda is the roll call, and I'll ask our clerk. Madam Clerk, Meredith Nelson, please call the roll. Mr. Ellinger? Here. Mr. Farmer? Oh, oh, here. Mr. Ford? Here. Ms. Gordon? Here. Ms. Henson? Here. Mr. K? Here. Mr. Lane? Ms. Lawless? Ms. Massadi? Here. Mr. Myers? Here. Ms. Scutchfield? Here. Mr. Stenet? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Present. And Mr. Clark? Thank you. Thank you. Thank you, Meredith. Yeah, that's the first one. All right. And tonight we are pleased to have with us Pastor Rosario Picardo. And Pastor Picardo is with us from the Embrace Church, which is down the street at the Kentucky Theater, often congregates, and also? I'm North Limestone from Starlington Elementary School. So let's stand, please. Will you bow your heads with me as we pray? Almighty God, we thank you for this evening that we have another day with breath in our being. We thank you that you are a God of love and that you love us all. You are no respecter of persons. And so we ask God that you would fill our hearts with love and that we would love one another. I ask, Lord, that you would be with our public servants, that you would guide them and give them wisdom and direction as they govern our city. We thank you for what you're doing in the city of Lexington and that you would continue, Lord, to see its growth and development. We ask your blessings on this meeting tonight and on all our friends here. We ask this in your name. Amen. Thank you. Thank you, Rosario. Thank you so much. All right. Tonight, I'm going to ask Council Member Ellinger. Council Member Ellinger has invited a few members of the Acousticats, or maybe just one. Several were invited, right? The Acousticats to join us tonight. You all may have seen them representing Lexington last night on NBC's The Sing-Off. So, Council Member Ellinger. Thank you, Mayor. Yeah, it's my pleasure. And actually, I want to give a little back story here. I saw the Weekender edition that had the acoustic hats on there, and I wanted to go to their performance last night that was at Keeneland, and I was having a hard time getting purchase tickets, So I contacted Jeremy, who was the person on their website that's their marketing person. I said, you know, I'd like to come, but I can't kind of figure out the website. So he got back, and I said, you know, we need to really take the opportunity to recognize this group. If you weren't able to see it last night, and one of the people from the Acoustic Hats are here representing them, and in January they're all going to come back here and do a performance for us here in the chambers. But since it only happened last night that I was able to contact them, this was just the last minute I want to thank. Nick Johnson, he's from Frankfurt. He's one of the 12. And, Nick, if you would come up to the podium up there, and I'll just give you a little background, and then you can tell us about the acoustic cats. But as the mayor said, season four of NBC's The Sing-Off started last night, and there were ten groups that they selected to be part of this, and it's a special seven-episode series, which is on NBC. And if you got to see it last night, they really represented not only Lexington but the University of Kentucky very well. And of the ten, they have made it now to nine. And when I was watching it last night and after the show, they were talking about when the next episodes are going to be on. It's going to be on tomorrow night from 8 to 10. and it gave me a lot of encouragement because they went through a lot of different dates. So I'm hoping that we're going to get to see a lot of you. And Nick, if you would, just give us a little background about the Acousticats and your group and tell us about what we're going to be looking forward to seeing here. The Acousticats, we've been around for 21 years. This is our 21st. It's completely student-run. I'm one of the coaches. My fellow co-coach is a senior at UK. for the show we actually brought back former members that have been in acoustic cats in the past which is allowed to take it's allowed to take old members of your group to the show because it's not a school function it's it's really a create your own group type of show they encourage the best groups possible to audition so we auditioned in may and we were told in July, early July, that we had made the show. We weren't told when we were leaving for L.A. until a week before we left. And they said, pack your bags, your planes for July 25th. So we said, okay. And they bought our plane tickets, flew us out to L.A. We got there, and we worked day and night, woke up at 7 in the morning, would work until midnight. It was exhausting and very, very fun. We became friends with all of the groups that were on the show. they became a very special part of us because we were with them all the time. So I think a lot of people think that these competition shows are about only competition, and that's not necessarily the case because it's really about making the bonds with the people that are also just fantastic musicians. From the show, we've tried to embody the University of Kentucky in ourselves as much as possible, and I hope that we did that last night. We embodied the University of Kentucky college student. But this upcoming show tomorrow night is party anthems. That's the theme. Each night was themed. And you were assigned a song. If you made it to the next round, you were assigned a song the next day after the show that you just performed. You were expected to learn the song, create the song, and have the song ready by the end of that day. So I arranged the music for the group. and the day after we performed Blurred Lines, we were given a second song, which I'm not able to tell you until you watch the show. Tomorrow night, we were given a second song, which actually was not even the song that we were performing. We were given this song, and then this song was changed on us on Friday, and they said, actually, you have a new song. Learn it, block it, have choreography, and you have to perform it by Tuesday. And so it was just, we had a lot of curveballs thrown at us, It was a very, very exciting time and a very big learning moment for us. And that's what the sing-off is, and it was just a time of growth for all of us. And I think I'd like to ask Harry Clark, because I know Harry Clark was involved in the inception of this back in 1993. Yes, I was. And, Nick, you may not know, but I was director of the School of Music when I actually hired Jeff Johnson. Oh, okay. And so I remember very distinctly Jeff and I talking about the creation of Acoustic Arts. And he said, you think that would be all right, Harry? And I said, that would be terrific. And so guess what? Well, you made a good choice hiring. It is, yeah. It is terrific. And I hired Lori Hetzel, too, so we do the girls, too. So we're equal opportunity. So congratulations. I'm so pleased. I'm kind of like a proud father in a way. But I'm so proud of you guys. and I've been listening to you for years and years and years, not you, probably before you were born, but this group has represented the university extraordinarily well, and I'm just so pleased for you all and for the university and for the School of Music and for Jeff and the choir program. Thank you so much for representing us so well. Thank you. Thanks, Eric. Thank you. I know they're trying to cue up something from what the Acoustic Hats have done with the performances. They had a performance from the show last night on YouTube. Is that on YouTube? Yeah, it's on YouTube. Oh, it's on YouTube. This is not it. Blurred lines. Blurred lines. Blurred lines. Yeah, Nick, while we're talking, could you tell about your phone? So yesterday, well, actually three weeks ago was when it was announced that we were on the show. We weren't allowed to tell people that we were in L.A. until three weeks ago. So we had to leave this summer and go work on this show and putting this together, and we couldn't even tell people about it until late November. And so it really, it was exciting for us because we were getting so much attention that we hadn't been getting from just communities everywhere. And yesterday, when this song was playing, when we were performing, my phone, actually from the beginning of the show, all of our phones who are linked to our Twitter account, Just let me liberate you. You don't need no way. That metal's not your middle. Letting us know that people were watching us, that people were cheering for us. And, OK. Here we go. I'm not a picture, but you're an animal, baby, it's been too late Just let me liberate ya, you don't need no papers, that man is not your maker That's why I'm gonna take a good girl I know you are the use, I hold you are the use I know you are the use, cause you're a good girl You're gonna grab me, you're far from plastic Talk about getting blasted, why don't I take you? When you're back and you're back, what do you think you're doing? You're the hottest chick in this place I feel so lucky, you wanna hug me? What rhymes with hug me? Here we go! What do you think? What do you think? What do you think? What do you think? What do you think? What do you think? What do you think? I know you want it, you're a good girl. Can't let it get past me, you're far from blessing. Come on, get out of my hate, please. Blurred love. And Mayor, just to close, what they say on their website is that we're 12 guys who love music, love hanging out with each other, and love to share our music with the world. And nine of the 12, I think, are from Kentucky. Is that not true? That is true. We have one member from Chicago, one from Washington, one from Atlanta, and the rest are all from around Lexington, Paducah, and Frankfurt areas. Well, on behalf of Sue, we sure wish you the best, and we sure look forward to seeing you tomorrow at 8 o'clock, correct? Yes, it's a two-hour show tomorrow. Thank you. Good luck. Thanks a lot. Thank you. Thanks for joining us. Thank you. All right. So that allows us to get going with the second reading of ordinances in a spirited way. I don't think I can follow that. Ordinance number one, an ordinance amending Articles 1, 8, and 12 of the Zoning Ordinance to Modify Uses in the Neighborhood Business B1 Zone, Urban County Planning Commission. Number two, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of safety officer, Grade 108N, and creating one position of school crossing guard coordinator, Grade 111N, both in the Division of Police, appropriating funds pursuant to Schedule No. 32, effective upon passage of counsel. Number three, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of director, enhanced 911, Grade 119E, and creating one position of director, enhanced 911, Grade 122E, both in the Division of Emergency Management 911, appropriating funds pursuant to Schedule No. 33, effective upon passage of counsel. Number 4, an ordinance amending Sections 2152 of the Code of Ordinances, abolishing one position of Staff Assistant Senior, Grade 108N, and creating one position of Attorney Senior, Grade 121E, and amending Section 2252 of the Code of Ordinances, abolishing one position of Attorney, Grade 117E, all in the Department of Law, appropriating funds pursuant to Schedule No. 34, effective upon passage of counsel. Number five, an ordinance amending Section 2152 of the Code of Ordinances abolishing one position of Fleet Operations Supervisor, Grade 115E, and creating one position of Administrative Officer, Grade 118E, both in the Division of Facilities and Fleet Management, appropriating funds pursuant to Schedule Number 35, effective upon passage of Council. Number six, an ordinance amending certain of the budgets of the Lexington Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds at Schedule Number 36. and number 7, an ordinance amending Ordinance No. 66-2013 pertaining to the Mobile Food Unit Pilot Program to extend the date of the program through March 1, 2014 and directing that the program be reviewed in the Economic Development Committee of the Whole. Move approval. So motion by Vice Mayor Gordon and second by Council Member Akers. Is there any discussion on the motion? All right, then, Madam Clerk, when you're ready, please call the roll. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kaye? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Scutchfield? Yes. Mr. Stinnett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. And Mr. Clark? Yes. Thank you. All right. Thank you. The vote reflects passage of the motion. Allows us to move on to first reading of ordinances. When you're ready, Madam Clerk. Ordinance number eight, an ordinance changing the zone from an agricultural urban AU neighborhood business B1 and planned shopping center B6P zone with conditional zoning restrictions to an agricultural urban AU neighborhood business B1 and planned shopping center B6P zone with modified conditional zoning restrictions for 29.96 net 30.77 gross acres for property located at 760 and 789 Newtown Springs Drive and 1443 and 1445 Newtown Center Way, Urban County Planning Commission, Council District 1. Number 9, an ordinance changing the zone from a planned neighborhood residential R3 zone to an office, industry, and research park P2 zone for 15.91 net 16.99 gross acres for property located at 920 Citation Boulevard, Urban County Council, Council District 2. Number 10, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule Number 37. Number 11, an ordinance adopting a comprehensive debt management policy for the Lexington Fayette Urban County Government. Thank you, Madam Clerk. Are there any motions for suspensions or walk-ons? All right. If not, then, Meredith, you can go ahead with the second reading resolutions. Thank you. for the Division of Traffic Engineering. Number three, a resolution accepting the bid of Simpson and Company, Incorporated, in the amount of $13,806 for interior painting, waste management, for the Division of Waste Management. Number four, a resolution accepting the bids of Arrow Electric Company and Davis H. Elliott Construction Company, Incorporated, establishing price contracts for underground electrical service installation for the Division of Parks and Recreation. Number five, a resolution accepting the bid of Mobile PCC LLC doing business's OC rugged laptops, establishing a price contract for refurbished mobile data computers for the Division of Police. Number six, a resolution accepting the bid of Reconic, establishing a price contract for portable radio earpieces for the Division of Police. Number seven, a resolution accepting the bid of Triton Services, Inc., establishing a price contract for HVAC inspection and maintenance for the Division of Facilities and Fleet Management. Number eight, a resolution accepting the bid of E.C. Matthews Company, Inc., in the amount of $865,000 for the Lexington Streetscape Phase I improvements, site amenities, South Limestone and Vine Streets for the Department of Environmental Quality and Public Works, and authorizing the mayor on behalf of the urban county government to execute an agreement with E.C. Matthews Company, Inc. related to the bid. Number nine, a resolution accepting the bid of Level III Communications, LLC, in accordance with the provisions of Ordinance No. 50-2013, creating and offering for sale a short-term franchise for the operation of a non-exclusive telecommunications system in Fayette County and authorizing the mayor on behalf of the Urban County Government to execute a franchise agreement with Level 3 Communications, LLC, incorporating the terms and conditions of Ordinance No. 50-2013. Number 10, a resolution accepting the bid of Pedal Power Bike Shop, Inc., establishing a price contract for police bicycles for the Division of Police. Number 11. 13, 2013. Eileen O'Donnell, Administrative Specialist Senior, Grade 112N, 17.141 hourly in the Department of Law, effective December 3, 2013. Tamara Gross, Administrative Specialist, Grade 110N, 16.615 hourly in the Division of Revenue, effective December 24, 2013. Number 12. A resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with West End Community Empowerment Project, Inc., $160. Lexington Humane Society, $875, and Living Arts and Science Center, $1,075 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 13, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Kathy H. Witt, Sheriff of Fayette County, for the collection of the ad valorem Urban Service District taxes for the 2013 property tax year at a cost not to exceed $350,000 with payment net from collections. Number 14, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement awarding a Class B Education Stormwater Quality Projects Incentive Grant to the University of Kentucky Research Foundation at a cost not to exceed $22,299. Number 15, a resolution authorizing the Division of Community Corrections to procure a replacement to Brian Boyler from TMI Sales, a sole source provider, and authorizing the mayor on behalf of the urban county government to execute any necessary agreement with TMI Sales related to the procurement at a cost not to exceed $31,947. Number 16, a resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with Council of Three Rivers American Indian Center, Inc. for lease office space at 1055 Industry Road. Number 17, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with Greenhouse 17, formerly known as Bluegrass Domestic Violence Program, for additional funds in the amount of $7,080 to provide additional services to victims of domestic violence. Number 18, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the Leestown West Pump Station decommissioning project at no cost to the urban county government. Number 19, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a license agreement with Lexington Center Corporation for the 2014 Martin Luther King Day celebration at a cost not to exceed $8,400. Number 20, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with Emerson Network Power for the uninterruptible power system for the police headquarters at a cost not to exceed $10,230. Number 21, a resolution approving and authorizing an assistance agreement between the Lexington Fayette Urban County Government and the Kentucky Infrastructure Authority to provide $10,194,421 of loan funds for trunk sewer projects bundle one. Number 22, a resolution approving and authorizing an assistance agreement between the Lexington Fayette Urban County Government and the Kentucky Infrastructure Authority to provide $4,657,640 of loan funds for Stormwater Improvements Projects Bundle 3. Number 23, a resolution approving and authorizing an assistance agreement between the Lexington Fayette Urban County Government and the Kentucky Infrastructure Authority to provide $6 million of loan funds for Expansion Area 2A Pump Station and Force Main Project. Number 24. A resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $30,000 federal funds, are for the purchase of public safety dive team equipment, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 25. A resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with Eastern Kentucky University College of Health Sciences for a nurse to work with the Lexington Fayette Urban County Heroin Task Force at no cost to the urban county government. Number 26, a resolution authorizing the mayor on behalf of the urban county government to execute an interlocal cooperation contract with the state of Texas acting through its Department of Information Resources to purchase information technologies through contracts which were competitively bid and awarded. Number 27, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $48,000 federal funds, are for the purchase of a rescue watercraft for the Division of Fire and Emergency Services, the acceptance of which does not obligate the urban county government for the expenditure of funds and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 28, a resolution accepting the proposal of professional recovery consultants incorporated to RFP No. 17-2013 Collection Services and authorizing the mayor on behalf of the urban county government to execute an agreement with Professional Recovery Consultants, Inc., and any other necessary documents for performance of such services at a cost based upon a 17 and 85 one-hundredths percent contingency fee on amounts collected. All right. Thank you. Council Member Massadi. Thank you, Vice Mayor. Mr. O'Meara, could you come up and give me some clarification on number 29, if you don't mind, please? Maybe Sally. If you could. I think he's in a meeting, so maybe you could just give me some information on that, please. Could you get Bill, please? It didn't say it, Bill. Council Member Masati has asked for clarification. Bill, can you explain number 29 for me, please? Thank you. Yes, this is the general term order. It's required by Kentucky Revised Statutes for the fiscal court to approve this for both the sheriff and the county clerk's office each year. So it's a standard format that the state sends to us. They put in their budget and their total staffing, and it comes through us for verification. I'm sorry, what's our specific involvement? Well, we're the fiscal court in Fayette County, and it's required to be passed by the fiscal court in each county by KRS. After that, I would have to get some more research. Okay. I was just concerned as far as it talks about compensation and positions and so forth, and I thought that was something that was under someone else's purview, not ours. It's actually from the office, but they're elected offices, and they're supposed to submit that through us to the state each year by January 1st. Okay. Thank you. Council Member Akers, you wish to speak on this? No. All right. I showed you on my monitor. No. I would go back to it. Yeah, go ahead. Number nine. Go ahead. Chris, Mr. King. On number nine, there was objectors listed, and I just wanted to note, I should have asked this earlier, and I apologize for not, but could you just tell me a little bit about who the objectors were and what their objections were? that's yes that's why i wasn't sure if i could really do it now i believe this is under ordinances yes first reading yes sorry uh there were some neighbors a few neighbors from the adjoining subdivision that came that were interested i would say primarily in the development plan aspect and unlike most own changes at that time we did not have a development plan actually at the planning commission hearings that since has been filed and the neighbors request to be notified about the development plan which they were they received copies of the development plan and we've offered to talk and intercede the development plan is on the planning commission's docket for this thursday so at this point i don't know if they have concerns about the zone change but the development plan aspect can be discussed and worked on at the planning commission. Okay. Thank you. I had someone from that same neighborhood contact me asking a litany of questions, and we responded, and you all responded, and so I haven't heard anything back. I just wanted to make sure that that was all squared away before I requested a second reading. So thank you. Thank you. Thank you, Mayor. Yes, ma'am. All right. Madam Clerk, please continue when you're ready. Thank you. Number 30, a resolution authorizing the Division of Emergency Management 9-1-1 to procure co-location of telecommunication services and support for the Central Kentucky 9-1-1 network from Windstream Communications and or its affiliates at a cost not to exceed $68,000 fiscal year 2014 and authorizing the mayor to execute any necessary agreements with Windstream Communications and or its affiliates related to these services. Number 31, a resolution authorizing the mayor on behalf of the Urban County Government to execute subrecipient agreements for funding from the Office of the Attorney General of Kentucky from the National Foreclosure Settlement Fund's Memorandum of Agreement with Fayette County Local Development Corporation at a cost not to exceed $100,000, Hope Center at a cost not to exceed $125,000, Lexington Habitat for Humanity at a cost not to exceed $125,000, and the Salvation Army at a cost not to exceed $50,000. Number 32, a resolution authorizing the establishment of Ops Corps Incorporated as a sole source provider contract for the purchase of fast ballistic helmets and up armor side covers for a period of one year. Number 33, a resolution authorizing and directing the mayor on behalf of the urban county government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $86,000 federal funds, are for the purchase of equipment for the hazardous devices unit, the acceptance of which does not obligate the urban county government for the expenditure of funds, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 34, a resolution authorizing the Division of Emergency Management 9-1-1 to obtain equipment and services for the Central Kentucky 9-1-1 Network from AK Associates Incorporated, a sole source provider, on a multi-year basis at a cost not to exceed an estimated $150,000 in fiscal year 2014 and authorizing the mayor on behalf of the Irving County Government to execute any necessary documents. Number 35, a resolution authorizing the mayor on behalf of the Irving County Government to execute an agreement awarding a Class B Education Stormwater Quality Projects Incentive Grant to the Living Arts and Science Center Incorporated at a cost not to exceed $33,751. Number 36, a resolution authorizing and directing the mayor on behalf of the Urban County Government to accept a donation from Friends of the Lexington Mounted Police of two Gooseneck Four Star Horse Trailers for use at the Division of Police Mounted Unit at no cost to the Urban County Government. Number 37, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a contract amendment with Hill and Dale Neighborhood Association for extension of the completion date of the Neighborhood Action Match Project to December 31, 2014. Number 38, a resolution establishing a residential parking permit program for the 500 block of Stratford Drive from 7 a.m. to 5 p.m. Monday through Friday and waiving the provisions relating to the mechanics of designating residential parking permit areas adopted by Resolution No. 168-90 and amended by Resolution No. 450-91 and 433-2006. Number 39, a resolution authorizing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1851 to install traffic calming devices on Huston Alley. Number 40, a resolution authorizing the Division of Traffic Engineering pursuant to Code of Ordinances Section 1886 to install multi-way stop controls at the intersection of Clyde Street and Texaco Road. Number 41, a resolution adopting the policy regarding contract change orders related to the Sanitary Sewers Remedial Measures Plan as provided in CAO Policy No. 15-R and authorizing the personnel designated in the policy on behalf of the urban county government to execute any necessary change orders and related documents consistent with the policy. Number 42, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an Internal Revenue Service Sponsor Agreement and Civil Rights Assurance for volunteer income tax assistance programs at the Gainesway Center and the Central Kentucky Job Center at no cost to the urban county government. Thank you, Madam Clerk. Is there a motion to approve secondary? So moved. Second. Motion by Council Member Ellinger. Second by, where was the second? Council Member Scotchfield. Is that a second? All right, you got it. You've gotten a bunch of them. All right. Is there any discussion on the motion? Oh, okay. Council Member Scotchfield. Thank you, Mayor. I just had a quick question. I think, Jeff Reed, this will be your question. On number eight. Or not, Charlie. Thank you. Charlie. Yep. I just had a question. And it talks about the amount of money, $865,000, for site amenities. Could you tell me a little bit about what those site amenities would be? I've got the bid schedule here for this project, and it lists a variety of different ones. Planters, benches, bench graphics, bike racks, a whole variety of different amenities. This is a project that I have inherited, so I can't say I know a whole lot more other than what's in the bid tab, but there are those type of amenities included. Okay, I just wanted to make sure that we're trying to make sure that we're moving forward as a city that is active. So I wanted to make sure we had bike wrecks in there because I think that's something that we want to make sure that we have available. I mean, more of the act of benches. Are they benches with backs or benches? A mixture of both. Okay. A mixture of both. There are eight without backs and 16 with backs, according to the quantities that are listed on this sheet. Okay, and I'm wondering with the changes they've made in the Phoenix Park area, I'm just wondering if we need to maybe look at trying to make sure that we don't, loitering issues, if we have ones with backs. I just want to make sure that we're smart in placing everything so that we continue movement. But as I said before, this is one of those projects that I inherited in progress as far as when I came to the ninth floor. But I can tell you that, you know, obviously based on your action today, we won't be issuing a notice to proceed for this until after the first of the year. I think there's plenty of opportunity to sit down and look at the plans in a critical nature. Because this is a unit price contract, if we want to add or subtract benches, we have the ability to do so. Thank you. Okay. Thank you. Thank you, Council Member Schlesinger. Council Member Massadi. Thank you, Mayor. I have a question at number 43 when it comes up, please. All right. 43? Yes, sir. Let's see. You may be on the second reading ends at 42. Correct. So you want to? Three comes up. When 43 comes up. Okay. All right. All right. Is there any further discussion on the motion? All right. Then hearing none, then I'll ask the clerk to please call the roll. Meredith, when you're ready. Mr. Ellinger? Yes. Mr. Farmer? Aye. Mr. Ford? Yes. Ms. Gordon? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes, ma'am. Ms. Gutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. Mr. Beard? Aye. And Mr. Clark? Yes. Thank you. All right. Thank you, Madam Clerk. The vote reflects passage of the motion. Allows us to move on with, move ahead with first reading of, yes, first reading of resolutions. There are 42, so there are 20 resolutions. And so at the end of the resolutions in discussion, we can, is that good, Council Member Massati? You want to ask, Jennifer, you want to talk about number 43, right? Yes, sir. This bid is much less than the original bid, and I just wondered if we were able to get this on sale or what happened. I think it was double, wasn't it, originally? I think the primary reason is we went back and revised the specification and made some changes to it. That's the primary reason for it being lower cost. I remember we had discussion on this before, and I see this price here, So it's about half of what it was originally bid out, wasn't it? I don't know for sure, but I know it was cheaper than the first go around. Okay. Well, I'm glad we did. Thank you. Thank you, Mayor. All right. Thank you, Council Member Sotomayor. So I assume that we have more in the fund balance then. Is that correct? All right. So, Madam Clerk, whenever you're ready. Mayor, can someone answer that? Do we have more in the fund balance because of that? Because we allocated a certain amount. I can't. Was it about $400,000 or $500,000, I think? Yeah. Council Member Mazzotti, I'm going to double-check, because my remembrance there is exactly what yours is. But there is another part to this, if I remember correctly. And that was, and I've got to check that. I'm not 100% sure, but we'll find out before we end tonight. is there was another part of the money for the portable kitchen that has to be done while this kitchen is being done. And that's what I think you saw in the fund balance. All I remember is that there was like a $400,000 or $500,000 ticket on this floor. Before we answer that question, we need to know for sure. Okay. We'll find out. Thank you very much. All right. So, Martha, you're reading the... All right. So why don't we collect and go ahead, and we'll collect the questions at the end of, or comments at the end of the readings. Resolution number 43, a resolution accepting the bid of Mitchell Construction Management Incorporated in the amount of $224,900 for kitchen floor replacement at community corrections for the Division of Community Corrections. Number 44, a resolution accepting the bid of Excellence Incorporated establishing a price contract for emergency care unit for the Division of Fire and Emergency Services. Number 45, a resolution accepting the bid of Logco Incorporated in the amount of $366,541 for idle hour park demolition and football field construction for the Division of Parks and Recreation and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Logco Incorporated related to the bid. Number 46, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Erica Butler, Telecommunicator Senior, Grade 113N, 18.403 hourly. Christina Wood, Telecommunicator Senior, Grade 13N, 18.403 hourly. Kim Kammerer, Telecommunicator Senior, Grade 113N, 16.767 hourly, all in the Division of Police. and Jonathan Hollinger, Administrative Officer Senior, Grade 120E, 2275.20 biweekly in the Department of Planning, Preservation, and Development, all effective upon passage of counsel. Number 47. 68 biweekly in the Division of Human Resources, both effective on December 17, 2013, and Philip Scott Thompson, Planner Senior, Grade 117E, 10818.64 biweekly in the Division of Planning, effective December 3, 2013. Number 48, a resolution authorizing the mayor or his designee on behalf of the Urban County Government to execute a HIPAA business associate agreement with Nancy Horn as the medical compliance consultant for the Division of Fire and Emergency Services. Number 49, a A resolution authorizing the mayor or his designee on behalf of the urban county government to execute a HIPAA business associate agreement with Ryan Stanton, MD, as the medical director for the Division of Fire and Emergency Services. Number 50. A resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with Commonwealth of Kentucky, Kentucky Office of Vocational Rehabilitation for lease of space at the Central Kentucky Job Center at 1055 Industry Road. Number 51, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interest needed for the Perimeter Park Stormwater Improvement Project at no cost to the urban county government. Number 52, a resolution authorizing the mayor on behalf of the urban county government to execute a facility usage agreement with Fayette County Board of Education for use of Knossworthy Auditorium for Kitty Capers. Number 53. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute a claims payment agreement with Humana Insurance Company for health insurance plans for the period of January 1, 2014 through December 31, 2014. Number 55, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with HDR Incorporated for town wastewater treatment plant solids processing improvements at a cost not to exceed $204,012. Number 56, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response System project through August 31, 2014 at no cost to the urban county government. Number 57, a resolution authorizing the mayor on behalf of the urban county government to execute agreements with Carnegie Center for Literacy and Learning, $1,300, Bluegrass Community Foundation, $1,560, and Central Kentucky Radio Eye Incorporated, $800, for the office of the urban county council at a cost not to exceed the sum stated. Number 58, a resolution authorizing and directing mayor on behalf of the urban county government to execute a line extension agreement with Columbia Gas of Kentucky Incorporated for expansion of the natural gas line for the CNG fueling station at 669 Bird Thurman Drive at a cost not to exceed $13,059.06. Number 59, a resolution approving a waiver request from Southland Christian Church from the Richmond Road Landscape Ordinance for 2349 Richmond Road. Number 60, a resolution authorizing and directing the mayor on behalf of the Lexington Fayette Urban County Government to execute a Memorandum of Understanding with Southland Christian Church of Lexington, Kentucky, Incorporated for use of a portion of the church property during construction of the Senior Citizen Center at Idle Hour Park. Number 61. A resolution authorizing and directing the mayor on behalf of the Lexington Fayette Urban County Government to execute an expansion area development and exaction agreement with Anderson Ramsey, LLC, Anderson, and Providence Business Center, LLC, Providence, pursuant to Article 23 of the zoning ordinance, providing for prepayment of exaction credits, transfer of exaction credits by Providence to Anderson, and deferral and or transfer of certain exaction credits for system improvements constructed on Expansion Area 3 and adjoining off-site area. And number 62, a resolution authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute a conditional restoration agreement and any other necessary related documents with Centerpoint Vertical LLC, Fayette Land Company LLC, Centerpoint Parking Company LLC, and any necessary affiliates for the Phoenix Park Courthouse Project. Thank you, Madam Clerk. Are there any motions for walk-ons? All right, okay, for suspensions. For suspensions then. Thank you. I'd like to make a motion to suspend the rules and give a second reading to number 62 and 61, which is the, never mind, 62. Second. A motion to give a second reading on number 62 and a second. Motion by Councilman Lawless, second by Councilman Akers. Is there any discussion on the motion? Councilman Rosati. Yes, thank you, Mayor. I think there is some question about number 62 and suspending the rules. And if Attorney Richard Murphy would come up and explain this, the Vice Mayor has just alerted me of an e-mail that has 62. Which one are you talking about? I'm sorry, Jennifer. Are you on Council Member Sidi? I'm sorry. It should be 60. I'm talking about 62. All right. I apologize. Okay. We're on 62, so any other discussion on the motion? Council Member Scotchfield. Mayor, thank you. I was going to go ahead and make a motion to give second reading to everything except for budget amendments, which I believe is number 11. Okay. Can you hold that for just a second? Let's get through this motion first, and then we'll. All right. Is there any further discussion on the motion, Council Member Lawless' motion? For 62. For 62, right. All right. If there is no, then take a vote. All in favor of the motion to give a second read on number 62, please indicate by saying aye. Aye. Opposed, no. All right. The motion carries. All right. Now, Council Member Scotchfield. There is no number 11. I think I was told the wrong number, and I'll listen. But I would like to make a motion to approve all those first readings for second reading. 44 through 64. 62. Okay. Well, we've already got 62, so that would be 43 through 61, right, since we already have. I have some motion by Council Member Sketchfield, second by Council Member Myers. Is there any discussion on the motion? Yes. Vice Mayor Borden. Thank you, Mayor. On number 61, there apparently are a lot of questions about that. I don't know what all the answers are. I've just received some information that there are questions about a pump station. There are questions about exaction exchanges. There are questions about other things having to do with this. So I would like to move to amend your motion to not include number 61 for second reading. All right. So there's a motion to amend the motion to withdraw 61. All right. Is there a second? Second. Is there a second? All right. All right. Second by Council Member Kaye. All right. There's a motion to amend by withdrawing number 61. Is there any discussion on the motion? Council Member Massadi. Thank you, Mayor. If Dick Murphy. Oh, I'm sorry. You're there. If you would please come and describe with the Council about the number 61, please, and give the information available. Thank you. Yeah, thank you very much. I'm here tonight on behalf of Hospice as a Bluegrass, which is purchasing a 16-acre tract from one of Dennis Anderson's companies at 2356 Newtown Pike. I can put a little plat up on the board of it here if you want. Do you know the answers? we have a closing scheduled for a week from today which we've been working on for for some time to for hospice to purchase 16 acre tract from mr anderson and we've been through the planning commission twice with development plans on this we've been to you with a text amendment to allow hospices as a principal use in the ed zone before hospitals were and medical offices were but hospices weren't expressly allowed and this is the hopefully the we weren't didn't think we'd need to come to do a transfer of his action fees but staff thought we did so we're here asking for that what it is is down at the bottom of this plat this is our plat is Newtown Pike hospice is buying this whole sort of long and narrow track the front half is a scenic resource area which means it's a setback for the view shed along newtown pike no buildings can be built along the scenic resource area or in the scenic resource area at all hospice's building is going to go in the upper half away from newtown pike and when the expansion area plan was done it was understood that in since the city was in essence taking the front half of the property to avoid a takings issue it was agreed that the buildable area on in the scenic resource area which includes this property and some others down the road could be used elsewhere therefore there's still value in the property and you still have some square footage you can build but you just can't build it on the front you have to shift it someplace else so that way the government didn't have to pay for this scenic resource area across the front of the property so what hospice is doing is it's purchasing actually it's purchasing it's paying for four acres it's getting 16. mr anderson's companies are making a donation of about 1.1 million dollars of land value to hospice for the remaining acreage but what what the transaction was then his companies get to keep the buildable area from the front of that property and transfer it to their lot which is it's just right behind and goes on back he owns 80 acres adjacent to it so that would be transferred to the 80 acres and under this agreement what it does is number it does three things number one it expressly authorizes us to pay in advance exaction fees on that back piece of the property there's about three hundred thousand dollars of exaction fees due and under that uh two hundred thousand of that is going to be paid in cash next week if this closing goes off and a hundred thousand is going to be paid from credits that mr anderson has for building providence place parkway um so that's the first thing we think that can be done without action of the government it wasn't clear so but you're authorizing us to pay them in advance instead of waiting until we get a building permit two years from now we pay the money in now and that will go into the fund for building that big pump station that's planned out there number two what this does is it authorizes transfer of exaction credits from one of mr anderson's companies anderson ramsey or anderson providence place to anderson ramsey's that's an internal accounting thing we needed to do for the benefit of finance department and third it authorizes the transfer of the buildable area from this scenic resource area where we can't build anyway back to the other 80 acres which they own and it transfers those corresponding exaction fees from this front area to the adjoining 80 acres so what that does is mr anderson's exaction fees on the back 80 acres are going to increase 10 or 11 percent for those 80 acres in the back there i know there's been a question raised about the big pump station out here and what this impact this has on the construction of that big pump station which is going to include all of expansion area three plus it's going to take offline at least three pump stations south of i-75 that pump station is planned on your uh consent agreement documents or the the agreement that we came through through that committee is planned in 2018 as i understand this transaction has no impact on that whatsoever it's not going to speed it up it's not going to slow it down but it will result if we can close in us putting in about 197 000 almost 200 000 cash in the sewer fund which is going to go for paying of that pump station obviously if this transaction doesn't go through and the reason we're in a hurry is because we have to do this by the end of the year because that's part of the deal the sellers have to get their tax deduction 2013. if it doesn't go through at the end of the year that and our transaction falls through that payment will not be made but this transaction has zero impact on the pump station i will say that in the planning commission there was discussion that we have to have on the back of the property hospice a a private pump station in the back which we hospice has to construct at our own expense to get our sanitary sewage to the existing lines we comply with the consent agreement as far as being grandfathered in for the capacity we checked all that out the capacity is there we've acquired we spent a lot of time acquiring off-site easements to get our our force main through those but that's for our small private pump station which is likely going to stay regardless of when the big pump station is built but that's maintained by hospice at hospice expense it'll never be a government pump station it's always going to be hospice's responsibility the big pump station will be the government pump station and um it's a it's a great trans transaction as you all know i represent dennis anderson on a number of things i'm not here representing him tonight i'm here representing hospice tonight because i was involved with hospice before they started talking with dennis about buying this property they've been looking for property for some time and i was working with them on that when this one came through and they're extremely excited about this because they're going to do a outpatient facility here as you know they have an outpatient facility in lexington at a hospital right now that will eventually move out here they're excited about the possibility they have a freestanding facility in hazard right now which was just opened in the last two years and the patients and the families and the employees are just wild about having a freestanding facility the patients get to go outdoors the family gets into a place which is devoted to hospice care you're away from the hustle and bustle and the sirens of a hospital so they're extremely excited about this and i apologize for bringing this to you at the end of the year we we thought and i know chris king disagreed with me and told me otherwise but that uh exaction fees and development rights had been transferred on development plans before without going through a developer agreement was pointed out to it's felt we needed to do this exaction fees have been shifted before it's been probably seven or eight years since you this has done because of the terrible economy we've been in nobody's been developing anything it's happened before we're not getting out of paying any exaction fees we can't build anything on the front of that that's going to be maintained as open space So, yeah, was this kind of going on interminably? Also, I'm not happy to answer any questions. Well, let's go to Council Member Kaye. Council Member Kaye, do you have a question for Mr. Murphy? Oh, I thought the question was from Jennifer. Was that yours? Was it? All right, you're next then. I was thinking it was from you. All right, so you're up. I didn't get to answer that. Okay, I thought you said you wanted to come back to your question. Let's let Vice Mayor Gordon finish her questions. I appreciate that, Mayor. Yeah, sure. Mr. King, please. And then I have a question for Charlie Martin. This was walked onto our docket today. Many council members have not had any kind of primer on exaction fees. And from your perspective, I'd like to know why we need to have first and second reading today when it was just walked on. And my other question for you is, are all the exaction fees being paid and who is paying them? Okay. Maybe I'll answer those in backwards order. All the exaction fees for this tract will be paid. By whom? Well, by whoever. There are a lot of ways that can be satisfied under the ordinance. As proposed by the developer, it is being done. It's my understanding that as a, and this is not unusual either, as a condition to this purchase, the seller is going to satisfy the exactions so that when hospice purchases the property, there will be no exactions due when they pay their building permit. they will have already been satisfied for the acreage that they are actually developing. And that is being satisfied. Mr. Murphy can tell you who, but if I understood him and what he has said before, it will be a combination of credits that this government has already issued to one of Mr. Anderson's company for the construction of Providence Parkway, which is council approved. I mean, it's a transaction that's been approved through the ordinance. and those credits are there. That will cover non-sewer exactions. The sewer exactions will be paid for by a check that will be made then to satisfy the exactions. The exactions for the front acreage, as well as the actual development that causes the impact for the need for the exactions, is being deferred back to the 80 acres to the rear. And that is not unusual. As you can imagine, every residential subdivision pays exactions house by house as the impact occurs. We have negotiated at least two agreements like this with churches that are building in phases so that they don't have to pay all the exactions for all their acreage at their first phase of church development. again this is a similar agreement it's it's not out of the ordinary it's just in order to technically defer the payment of exactions it does take a development agreement and did require counsel so the second question why now this is come together rather late and we had a special meeting of your exact credit advisory committee which I chair to review this exaction and make the recommendation basically because council is going on break the number of opportunities for council to receive this and give it two readings were very limited in order to satisfy this need that they have relative to the donation aspect of the transaction between the seller and the buyer so that is why we had a special meeting the exaction committee we approved it unanimously and it has has been then brought to you. Okay, thank you. Mr. Martin, so Mr. Murphy said that this would have no impact on the pump station, and I want to be sure and hear it from your mouth that this transfer of property will not affect the timing of this pump station. Can you guarantee that, or will this delay? I don't know if I can guarantee it. I don't mean to. Yeah, I understand what you're saying. Do you think this will delay that pump station? I don't think so. I can't say that I've personally been involved in it. I couldn't make the special meeting that Chris mentioned before because I had a conflict. What I do know is that we're trying to accelerate this pump station project even more so as far as the consent decree is concerned. I was at a meeting at the ad yesterday, and we're seeking more KIA funds to try to help accelerate this one. the seller is still a large property owner out there, and so I can't imagine why the seller would do anything that would undermine the schedule and overall cost of that infrastructure since the seller who still owns a lot of acres is the one who stands to benefit from it. So, you know, without peeling back the layers, I didn't see anything on the surface here that was undermining the schedule or the cost. Okay, I appreciate your perspective on it. And, Chris, I just have a few seconds left, but just to be real clear about this, so the exaction fees on that back piece of the property will be paid when the property is developed? The exaction fees for 7.6 acres where hospice is actually billed will be satisfied, it's my understanding, before they close on the property. They will go ahead and pay those exactions. And again, the remainder will be paid proportionally as the property in the rear, where that square footage is being transferred to as it comes in piece by piece. Okay. So we will be guaranteed that all the exactions will be satisfied. Okay. Thank you very much. Thank you, Mayor. Thank you. So we're still on discussion on the amendment. Is that clear? Yes. Council Member Scutchfield. All right. So do you wish to speak on the – okay. Council Member Kay. Thank you, Mayor. Charlie, I'm sorry. Can you come back up? I really have the Vice Mayor asked most of the questions that I had, but I do have one left, and that is about this private pump station. I know that sometimes those are problematic. Can you explain how that would work and whether you have any concerns about it? Well, I usually don't like private pump stations, but I think they do have a place in some circumstances. This area in particular, Expansion Area 3, which is what this is known as, predates the consent decree. It was part of the 201 facilities plan. It was approved by the council in 1999. Part of the problem with that is that Expansion Area boundary does not follow the natural drainage boundary. If the pump station were going to be put in the correct location from a pure engineering standpoint, it would be outside the urban service boundary. So without doing a high level of analysis, I suspect there probably will always have to be some smaller pump stations to be able to get into the full system. That being said, is that if this is a single entity such as hospice and they're operating and maintaining a private pump station, I'm a lot less concerned about that than I am when it's a group of property owners that are somehow sharing the responsibility for a pump station because that always doesn't go well because there gets to be the, it's somebody else's fault. And when it's spewing sewage all over the place, they're calling us. If you've got an identifiable corporation or entity that you can say, you've got a problem here, you need to fix it, having that pump station is no different than having an individual service lateral for the building, in my mind. Thank you. Then when something this complex comes before Council so quickly, I think it does raise a lot of questions. I believe that the answers we've gotten satisfy the questions that have been raised. I understand why it's come late. I understand what the imperative is to move it forward. And I think I've heard enough assurance from our staff to know that the interests of the city and the citizens are being protected. So I would be inclined to not support the motion to amend and include 61 in the second reading as well. Thank you, Mayor. Thank you, Council Member Case. Vice Mayor Gorton. Yes. I would echo Council Member Case's comments about the lateness of this. And I understand that we can't get everything on time. It does put the council in a very bad position when something a little bit more complicated than normal comes to us at the last second, and we're asked to get first and second reading. However, with that said, my questions have also been answered. I think hospice is a wonderful entity to be on this property. And so I'd like to go ahead, Mayor, and withdraw the amendment. Thank you. And that's agreed by, and Council Member Kaye seconded the motion and has agreed to withdraw. So is there any objection to the withdrawal? All right. Then we can go back to the original motion for a second read on 43 through 61. There's no further discussion. We can take a vote. All in favor of the motion? I had a question. Council Member Farmer. was for clarity. Our motion is to suspend the rules and give a second reading for number 44. Or did you add 43? Yes, 43. 43 through 61. So that's all of them. All of 61. There are no budget amendments involved. But I thought there was a question by Council Member Mazzotti about number 43. She asked. I think Commissioner Hamilton has more information on number 43. She said she did. You don't mind if she could? I do not at all. I just want to make sure your question was answered. She's going to respond. Very good. Thank you. Thank you, Mayor. Thank you. Thank you, Mayor. Council Member Mazzotti is correct. That bid, what you saw in the fund balance that you approved was $400,000. The bid for the kitchen floor was $224,900, which was much less than what we thought. But that's not the difference. I don't want to mislead. I think that's what we did. The $107,000, what this project is, the project is $400,000. And we may not have explained that well to you. Because the project itself is $400,000. The kitchen floor is part of that project, which was 229. And the temporary kitchen, which has to be set up, which is quite an elaborate thing, is 175,100. Now, we went back because I would have sworn that we said that to you all. We went back to look because I said, Melissa, I said, I know that's in writing. Well, no, we didn't. so you're right when you said that when you told me that you didn't think you knew it that way we all knew that we thought we said that here but we surely may not have in the conversation but that is what that figure is the 400,000 for fund balance is for the kitchen floor and the temporary kitchen but that was an excellent question and you were exactly right All right. Okay. All right. Thank you, Council Member Farmer. Thank you, Council Member Massadi. Thank you. Sally. All right. So if there's no further discussion, we can take a vote. All in favor of the motion, please indicate by saying aye. Aye. Opposed, no. Motion carries. Okay, that's to give a second reads on 43 through 61, and we already got a motion for 62. So, no, we voted on that one, too. Yeah. So, there's a, Council Member, this is dialing back to another, to a previous ordinance. I don't think Council Member Akers was in when the second read was available on the earlier ordinances. We're going to get the second reads on these. She wants to get a second read on an earlier ordinance. So we could do it later. All right, let's do that then. These are all resolutions, and that's an ordinance. I'll take that. All right. So, Madam Deputy Clerk, when you're ready, please give us a second reads. Resolution number 43, a resolution accepting the bid of Mitchell Construction Management Incorporated in the amount of $224,900 for kitchen floor replacement at Community Corrections for the Division of Community Corrections. Number 44, a resolution accepting the bid of Excellence Incorporated establishing a price contract for emergency care unit for the Division of Fire and Emergency Services. Number 45, a resolution accepting the bid of Logco Incorporated in the amount of $366,541 for idle hour park demolition and football field construction for the Division of Parks and Recreation and authorizing the mayor on behalf of the urban county government to execute an agreement with Logco Incorporated related to the bid. Number 46, a resolution authorizing the Division of Human Resources to make a conditional offer to the following probationary civil service appointments. Erica Butler, Telecommunicator Senior, Grade 113N, 18.403 hourly. Christina Wood, Telecommunicator Senior, Grade 113N, 18.403 hourly. Kim Kammer, Telecommunicator Senior, Grade 113N, 16.767 hourly, all in the Division of Police. And Jonathan Hollinger, Administrative Officer Senior, Grade 120E, 2275.20 biweekly in the Department of Planning, Preservation, and Development, all effective upon passage of counsel. Number 47, a resolution ratifying the probationary civil service appointments of Evelyn Mace, probation unit supervisor, grade 113E, 10988.40 biweekly in the Division of Community Corrections, effective December 16, 2013, and ratifying the permanent civil service appointments of Carolyn Jansen, staff assistant senior, grade 108N, 13.283 hourly in the Division of Human Resources, Mike Osomeña, human resources generalist, grade 118E, 10983.68 biweekly in the Division of Human Resources, both effective on December 17, 2013, and Philip Scott Thompson, Planner Senior, Grade 117E, 100818.64, biweekly in the Division of Planning, effective December 3, 2013. Number 48, a resolution authorizing the mayor or his designee on behalf of the Urban County Government to execute a HIPAA business associate agreement with Nancy Horn as the medical compliance consultant for the Division of Fire and Emergency Services. Number 49, a resolution authorizing the mayor or his designee on behalf of the urban county government to execute a HIPAA business associate agreement with Ryan Stanton, MD, as the medical director for the Division of Fire and Emergency Services. Number 50, a resolution authorizing the mayor on behalf of the urban county government to execute a lease agreement with Commonwealth of Kentucky, Kentucky Office of Vocational Rehabilitation for Lease of Space at the Central Kentucky Job Center at 1055 Industry Road. Number 51, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interests needed for the Perimeter Park Stormwater Improvements Project at no cost to the urban county government. Number 52, a resolution authorizing the mayor on behalf of the urban county government to execute a facility usage agreement with Fayette County Board of Education for use of Nossworth the Auditorium for Kitty Capers. Number 53, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a second amendment to CHDO agreement with the Fayette County Local Development Corporation for an additional $28,264.50 in Home Investment Partnership Program funds for development of rental housing units, the replacement of one planned duplex with two single-family rental units, an extension of the performance period through December 31, 2014. Number 54, a resolution authorizing the mayor on behalf of the urban county government to execute a claims payment agreement with Humana Insurance Company for health insurance plans for the period of January 1, 2014 through December 31, 2014. Number 55, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with HDR Incorporated for town wastewater treatment plant solids processing improvements at a cost not to exceed $204,012. Number 56, a resolution authorizing the mayor on behalf of the urban county government to execute an agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response System project through August 31, 2014 at no cost to the urban county government. Number 57, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Carnegie Center County Government, excuse me, Carnegie Center for Literacy and Learning, $1,300, Bluegrass Community Foundation, $1,560, and Central Kentucky Radio Eye Incorporated, $800 for the office of the Urban County Council at a cost not to exceed the sums stated. Number 58, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute a line extension agreement with Columbia Gas of Kentucky, Incorporated, for expansion of the natural gas line for the CNG fueling station at 669 Bird Thurman Drive at a cost not to exceed $13,059.06. Number 59, a resolution approving a waiver request from Southland Christian Church from the Richmond Road Landscape Ordinance for 2349 Richmond Road. Number 60, a resolution authorizing and directing the mayor on behalf of the Lexington Fayette-Urban County Government to execute a Memorandum of Understanding with Southland Christian Church of Lexington, Kentucky, Incorporated for use of a portion of the church property during construction of the Senior Citizen Center at Idle Hour Park. Number 61. A resolution authorizing and directing mayor on behalf of the Lexington Fayette Urban County Government to execute an Expansion Area Development Exaction Agreement with Anderson Ramsey, LLC, Anderson, and Providence Business Center, LLC, Providence, pursuant to Article 23 of the Zoning Ordinance, providing for prepayment of exaction credits, transfer of exaction credits by Providence to Anderson, and deferral and or transfer of certain exaction credits for system improvements constructed in Expansion Area 3 and adjoining off-site area. And number 62, a resolution authorizing the mayor on behalf of the Lexington Fayette Urban County Government to execute a conditional restoration agreement and any other necessary related documents with Centerpoint Vertical LLC, Fayette Land Company LLC, Centerpoint Parking Company LLC, and any necessary affiliates for the Phoenix Park Courthouse Project. Thank you, Madam Clerk. Is there a motion? Motion by Council Member Henson, second by Council Member Beard. Is there any discussion on the motion? All right. Hearing none, then Madam Clerk, whenever you're ready, please call the roll. Mr. Ellinger? Yes. Mr. Farmer? Yes, Madam. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Gutchfield? Yes. Mr. Stinn? Yes, ma'am. Ms. Akers? Yes, ma'am. Mr. Beard? Aye. Mr. Clark? Yes. All right. Thank you, Madam Clerk. The vote reflects passage in the motion. And now the chair will entertain a motion by Council Member Akers. This is dialing back to ordinances. Council Member Akers, do you have a motion? Yes. Thank you, Mayor. And I apologize to council and everyone. But I would like to suspend the rules and request second reading of ordinance number nine under the first reading of ordinances relating to the change from R3 zone to P2 zone. So moved. Second. Motion by Council Member Akers, second by Council Member Clark. This is to suspend and give a second read on number nine. Well, to suspend and give a – I'm sorry. Yes, to suspend and give second reading. And if we could ask someone from the administration or Mr. King to come forward and explain the need for the second reading tonight. I think, Kevin, this is, and this would, what this would do be to, this would allow a, without a hearing, your motion. That's correct. Right. Okay. And what this would do is this is our property out at Coldstream, and this would allow us to continue to, while you all are on break, develop the lease with the company that is involved. And what we would do then is bring the lease back to you at your first meeting back in January. All right. All right. Okay. Okay. Dial back and bring everybody up to date, Kevin, fully. The company has us on a schedule. Does everybody know about that? We've met with the council in closed session to discuss real estate issues. All right. So there's an interested party. Right. Right. All right. So we're aware of that. We're going to operate on the company's timeline, and they really need to start construction by mid-January. Okay. All right. Vice Mayor Gordon. Thank you, Mayor. So this is the property we own that we originally wanted for our EOC, correct? Okay. There are four objectors who were in the Planning Commission, some of whom objected because of wanting advance notice about the development plan. They wanted an opportunity to review the development plan. They were concerned about the size of the facility. and they were concerned about buffering between their property and the subject property. So if we suspend the rules and give second reading to this zone change, which just came to us for first reading today, how do the citizens get an opportunity to weigh in on this zone change? Well, I was just conferring with Director King one of the other options that we could have if the council would so choose. The issue becomes if we have to have a public hearing and the council does not set that date until, doesn't establish the hearing date until you come back in January, then you have the period for advertising and notification. What would also allow us to meet the same timeline is if the council could tonight go ahead and set the hearing date, the public hearing day. So we would have one on the books. It would be very helpful if it was either the work session or first session back. That would allow us to continue on the same timeline. I haven't heard anyone offer that we want to have a public hearing. That was our saying. That would make you all more comfortable. It would allow us to continue to meet the timeline. My only concern is, and I understand the need to do this, normally we don't give a second reading to a zone change hearing in the same night we give a first reading, especially if there are objectors, to give the citizens the opportunity to weigh in. So is there another opportunity if we don't have a public hearing? will they have some input on the development plan and the buffering and all that yes that's what i want to assure you and i want you to also know that every person here was contacted by phone by our office and told that if they wanted to request a public hearing they needed to come to the work session earlier today and and no one came so we hope of course it's hard to interpret but we hope that means that since we notified them of the development plan they have received copies of the development plan they will have the opportunity to have concerns about the development plan addressed by the planning commission at their meeting this thursday that that has allayed concerns about the zone change okay and some of the questions that were raised such as screening and buffering which are required by the ordinance were were discussed even at the zone change hearing Okay, so these objectors know when the development plan will be heard. Absolutely. Okay, thank you. Thank you, Mayor. Thank you, Vice Mayor. Council Member Farmer. Thank you, Mayor. I think mine are similar to what the Vice Mayor had voiced in terms of the public getting the opportunity to voice their objections at the right time and place, and it's unfortunately in this instance, I think, only compounded because this is our property, and the subject of the zone change has an outcome. And I'm just really hesitant to do this just on behalf of just good public policy. And this was represented to us in a closed session about the applicant and the opportunity. But there was no timeline on these types of decisions, And I think it's an unfortunate thing today that it all comes at one time and one place, because I think I like to err on the side of giving citizens opportunity for input. And I hear what Director King has said in terms of having the one-on-one touches with the folks who had objections. And I'm kind of just talking it out myself, because I understand the opportunity for the government, but I also see a downside for the public. and it weighs on my mind in this decision to be one of ten votes to give a second reading to this tonight after it just came on at 3 o'clock, and this is a 6 o'clock meeting. So I'm still open to the discussion before this vote, but personally I'm not decided yet. It seems to me the staff has tried to do what they can to give voice to the objectors or the opportunity, and none came at 3 o'clock or none had the opportunity to get here at 3 o'clock, did you represent to them that this would come up at a 6 o'clock meeting then? If they were not here at 3 o'clock, that they could come at 6 o'clock? Did that possibility come out in the conversation with your staff with these objectors? I couldn't say. Well, I think that's just germane to it. I mean, if there were four objectors and they couldn't come because they couldn't be here at 3 o'clock, the backup point is they could be here potentially at 6 if that were cast to them during your diligence. But you don't know. The normal procedure, we tell them about the work session and then the council process takes over, first reading and then second reading. And I wouldn't object to setting a zone change just to move it along in another critical path opportunity. Thank you. Councilman Clark. Thank you, Mayor. I'll have to object, I guess. I think there's been ample opportunity for objectors to be present, and I think this is a very important thing that we need to proceed. And so I would suggest that we approve this and get this on the way as quickly as we possibly can. Thank you, Mayor. All right. Thank you, Councilman Clark. Can I have a question? Thank you, Mayor. Chris, for anyone who did object, they had the opportunity. I mean, they could have just simply requested a public hearing of you, correct? I mean, did they need to come down here to council chambers to request a public hearing? Usually they're told, you know, they could come down here or contact their council member. I couldn't say what each person was told in this case. It's obviously folks on our staff that do that. But I do know the folks were contacted. I do know we sent them letters and copies of the development plan. And the procedure on how to request a public hearing if they so chose one? And they're told coming to work session is what you do because that's when you typically set a public hearing. Okay. Thank you. Councilman Lawless. Thank you. Mr. King, I'm sorry. I'm sorry. Get your 10,000 steps in on your pedometer today. What I'm hearing from you is the concerns raised by the objectors were primarily development plan rather than zone change issues. Yes, that's my opinion, and I think the record reflects that. Okay, thank you. Councilor Kaye. Thank you, Mayor. Chris, you get good exercise going back and forth. I want to follow up with Council Member Lawless's question. That was my sense, that these are development plan issues that can be addressed, and these folks would have ample opportunity. Is it fair to say that what's represented here, I've got the summary, that those objections represent the full scope of what they objected to? Yes. I mean, those minutes are very comprehensive, as you know. Okay. So I understand the concern about the timing and so on. My sense is that, again, ideally we wouldn't give a second read, given where we are in the calendar. We're kind of between a rock and a hard place again. Chris. I'm sorry since I didn't hear it, but I thought of something else, and I thought this might give Council some comfort. since you are involved this the council is going to have to approve a lease with this entity in the end and you will have the ability to dictate conditions of that lease so if there is something that's uh that you feel needs to be put on it's it's like an extra safeguard for the public in this case. Yeah, so I think that might be helpful, but I guess in my mind, the question really is what we're looking at now is a proposal for a zone change. And the zone change itself, essentially what was at stake, did not get specific objections. People did not come and say, you shouldn't do the zone change for these reasons, they said, essentially, we're concerned when, if and as you do a zone change, these are the kinds of things we want to make sure are addressed. And so it seems to me they will have the opportunity to voice those objections again. I see them more as concerns than objections, but they will have an opportunity to do that. And although it's not ideal, I would favor moving forward with it. Thank you, Chris. Thank you, Mayor. Thank you, Council Member K. I'd like to yield a chair to the Vice Mayor just for a couple of comments on this. I think this conversation has been healthy and understand the sentiments that have been expressed. Let me speak to this just from a point of view of having been involved in transactions like this. sometimes from the outside, if you're looking at a transaction where a candidate company or enterprise is looking at a city and considering a city, we can think that, well, it really doesn't matter too much what our timing is. I think we get accustomed to the timing on projects, but these transactions don't always occur, of course, on our time. They occur on the company's time, if it's a company or a firm, in the case of Bingham-McCutcheon, when they decided to move to Lexington. And, Jennifer, I mean, many of you all who are in business, you know what I'm speaking of. So I'm speaking, Council Member Massati, in terms of real estate transactions, that we can think that a buyer is operating on our time, but it's usually on their time, right? That's what I'm trying to say. And I appreciate what Council Member Farmer had to say about erring on the side of the citizens. But I would also argue that in a case like this, that erring on the side of the citizens would be erring on the side of good due diligence, adequate due diligence, but not excessive due diligence, and erring on the side of encouraging jobs. Because that's exactly what this is. And these transactions can often hang by a thread. I don't know whether this is that or not, frankly. Kevin would know better. But I do know enough to know that they move quickly and not on the pace of our break, perhaps. So from what I have observed, and listen to Chris describe this and reading the history, what he has said gives at least me, if I were voting, adequate confidence that those citizens who are objectors would have plenty of time still and opportunity to express those objections and those objections be satisfied. And so at the same time, the city would have the opportunity to move forward and not threaten a transaction. Okay. So I think I've said that the way I hope to. Councilman, I'm sorry. You've got it. All right. Thank you, ma'am. All right. Councilman Farmer. Mayor, you raise good points. You raise excellent points, especially as it relates to the importance of jobs. for our city. I think, though, what separates this from all the other transactions is at the end of the day on this, we're going to get the check. This is not somebody else's land. This is land that belongs to the city and, in essence, to the citizens. But the transaction value here is when this is over, the check comes to the Irvin County government. It doesn't go to another party out there. It comes to us, which just is, I guess, part of my continuing problem with us handling this in such an expeditious manner this evening, because we become the ones who profit from it as a government. Now, certainly lives are enriched because something will be built there and jobs will be brought here. I'm just having a hard time taking the check and smiling about it. I hear you. All right. Anyone else wish to speak? All right. Council Member Ford. Thank you, Mayor. Just for clarification, the motion on the floor is to suspend the rules to get a second reading? That's correct. I may have missed it. If that fails, does this project fall apart if this gets second reading? Well, we don't. That's scheduled? Yeah, let me answer that. I think I tried to describe it. You know, sometimes they can hang by a thread. It may or it may not. but it could be a signal to say we're delayed by two months. Is that correct? And two months is a very long time when an enterprise is trying to launch a project. I mean, it's basically, it could be a deal breaker. Now, next month is one month, and then I would say, Mayor, is why was this only brought to the docket today then? The schedule is dictated by the requirements of state law in terms of when hearings are held, when the Planning Commission could hold a public hearing. If you recall, the Council needed to initiate this request. And once the Council did that, the Planning Commission immediately, with the minimum amount of time available, conducted their public hearing. We did the advertising. We sent the letters. We held the public hearing. And likewise, as fast as it could be gotten from the Planning Commission to the council, it was done as expeditiously as possible. And again, it's the mandates of statute, notice, and things of that nature. We wouldn't be asking for this, but for. I don't think you would be asking for this. Kevin Atkins wouldn't be asking for this, Chris. but for the urgency of a potential buyer of the property and someone who is going to bring jobs here. That's the reason. This was not designed to create anxiety. Right. Mayor, I appreciate that. this is not my district proper, but it's very close to my district that faces Georgetown Road. And as I was in Oakwood, which is now in the 1st District, they have a brand new hospital in their backyard that faces Citation Boulevard. And our office is going to work real closely with them to get them introduced to their new neighbor. I say that to say is these zone changes have real implications to real neighborhoods and real people who've lived there for a long time. And I would rather a potential buyer be inconvenienced, if that's the case. I think they'll get an outstanding deal by one month, then for our neighbors to miss an opportunity to speak to us. Thank you again, Mayor. Thanks, Council. All right, Council Member Scotchfield. Thank you, Mayor. I agree with much of what Council Member Chris said. I'm horrible with last names, aren't I? I know. I can't. It's all right. I can't remember last names to save my life tonight, any time we're in Council. In most real estate transactions, as the Mayor said, time is of the essence. but that goes for every type of real estate transaction that goes on in government. I'm a big fan of following the procedure that we have, especially when we're dealing with tax dollars, and we're dealing with tax dollars coming to us or having sales come to us. I don't think this is something we need to start a precedent for. If we talk about for real estate transaction, you know, we've got to get it done and we're going to lose it, that's going to come up every time. And we have to keep ourselves as a government in check. And so I can't waive the rules on this one for myself. Council Member Sadi. Thank you, Mayor. I've been on this side before, and I do understand the concerns of the mayor. I mean, I'm sorry, of the neighbors, but I do understand the concern of a potential buyer. And if they don't come here, they'll go somewhere else. Yeah, right. And that's the bottom line. And we are in competition with a lot of cities. And we offer a lot of amenities, but so do a lot of other cities. And they have a timeline, and they don't deviate. And if they don't get what they need at their certain times, they move on. So we have to really consider that. So although it does come to us at the 11th hour, I would have to support this amendment and follow through with this because I do think that we need the economic development, and we do need jobs here in Lexington. Thank you, Mayor. Okay. Thank you, Council Member Sidi. Vice Mayor Gordon. I haven't decided yet how I'm going to vote on this motion, but I did want the Council to see and to ask a question of Mr. King. The three blocks that I filled in there, one block represents two of the objectors. So that's where the four objectors live. So two of those, which represents three objectors, abut directly this property. So my question to you is, Council has no vote on the development plan. How can we impact the development plan when these three properties have come to the Planning Commission and said, we want buffering, we want some input, how can the council, can we give you any kind of feedback on that? Because some of these people live right next to the property. I understand. Again, the zoning ordinance does require zone-to-zone screening and buffering. There will be the development plan to discuss how far the building has to be from those property lines. The loading areas are not located on the back of the proposed building. They are away. On that side where the neighbors are? It's not on that side. It's in the middle of the property, basically. Okay. And they have committed there will be no trucks after noon. I mean, there are. After 12 o'clock? Yes, and there are small trucks. You know, we've gotten a lot of information about this, and those kinds of things will be worked out to develop the plan. I just wanted to let you know that. And again, as I mentioned, in the end, too, the council will have to approve the lease, as I understand it. But is that before or after this building is developed? It would be, I don't know. I assume it would be before they actually built the building. So will the council have input? Let me follow up real quick on that. You all would have to agree to the lease before they even can start construction on the building. And before they can start, they still have to get design standards okayed by the Coldstream campus. So they have to meet the Coldstream campus' design guidelines as well. Will the development plan have been approved before the council approves the lease? Yes, presuming that the Planning Commission doesn't postpone the development plan this Thursday. Okay, thank you. We are recommending approval as a staff with a lot of conditions, and that's fairly typical. All right, I appreciate that information. Thank you. Thank you, Mayor. Yes, ma'am. Council Member Akers. I just wanted to follow up on what Council Member Masati said and echo her sentiments that I agree that we need to be supporting economic development, we should be supporting jobs in the community, and that it is my district, that's the neighborhood. I've heard from one person in that neighborhood who contacted me and asked lengthy in-depth questions that I forwarded to Mr. King and Mr. Atkins, who answered all of them, and then he responded and said, thank you for providing this. He didn't have additional questions. He didn't have additional concerns or objections. so if however if council is not um comfortable with approving the second reading tonight then my follow-up motion will be to schedule a public hearing so um i just want to if this fails yes then then so that we can still move forward in january with approval of the lease and those types of things so that if anyone doesn't so if someone comes on january 16th at our next council meeting, then we don't have to schedule the hearing from that date. So that's not our start date for scheduling the hearing. So we can just schedule it at the beginning of January. Thank you. Yeah, I understand. Council Member Kaye? Thank you, Mayor. I just want to make a quick point. I guess I'm more focused on the question of the possibility of adequate input for the objections that I have seen listed. and I believe that that is already provided for. The question of urgency, to me, is less compelling. If the question of urgency were before us only and there were objectives who had raised questions about the zone change itself or if they had raised objections that, from my perspective, from having had some experience serving on the Planning Commission, those questions, those concerns will be able to be addressed and I think they're actually relatively easy to address as the plan goes forward. So I would, from my perspective, I would say let's move forward on this. They are protected. They'll have adequate time for input. Let's not hold this project up for, I don't want to diminish it, but I don't think it's an adequate reason to hold up. So thank you, Mayor. Thank you, Council Member Kaye. Council Member Lawless. Again, I'm echoing what Council Member Kay said, who echoed what I said, and that was if we had a public zone change hearing, the objections that are listed would not be something that would be considered in a zone change hearing. They're development plan issues. And council members can go and address the Planning Commission on development plan issues. I've done so myself. And so for that reason, I'm going to support this. And also, I do think the urgency is important, and I wish other developments that had urgent deadlines were dealt with so expediently. Thank you. Thank you, Councilman Lawless. Yeah. Does anyone else wish to speak? Let me just pass the baton to gavel back to the vice mayor for just a second. Just to summarize, again, I think that the context of due diligence, due process is a healthy one. The conversation about that is healthy for us. I would, however, say that I think we would be mistaken if we believe that these are routine. A company that is considering 50 jobs and building and installation, investing in plant and equipment, that is not normal. That's not usual today. It doesn't just happen. So an exception occasionally is what God gave us judgment for. So I would still say I would encourage that consideration. All right. Anybody else? Let us pray. There we go. All right. Does anyone else wish to speak? So we get to vote now. Now, just know that in this vote, I think that the outcome of this vote would lead to some sort of decision, an imminent meeting of the council, right? Call a question. All right. Second. All right. Okay, so we'll call it. We're ready to take a vote then. All in favor of the motion for a second read, please indicate by saying aye and voting electronically. All right. And voting electronically. Calculus, not math. This way. Oh, no, there's abs. There's a tent. Two people are absent. Who's absent? Oh, it's true. We went to the game. Okay, Bill, close your eyes. Looks like a veritable tsunami of... All right. Have we got all the votes cast? There's one missing. There's a missing vote. Stenna. Stenna. He loves the drama. He loves the drama. All right. All right. All right. The vote reflects passages of motion. All right. So, Madam Clerk, will you give us a second read, please? ordinance number nine an ordinance changing the zone from a planned neighborhood residential r3 zone to an office industry and research park p2 zone for 15.91 net 16.99 gross acres for property located at 920 citation boulevard urban county council council district 2 Okay. All right. Now we have, is there a motion? Motion approved. Second. Motion approved by Council Member Ellinger. Second. Who was second? Council Member Myers. All right. Whenever you're ready, Madam Clerk, please take the roll. Please call the roll. Mr. Ellinger? Yes. Mr. Farmer? Mr. Ford? No. Hang on a second. Ms. Gorton? Aye. Ms. Henson? No. Mr. Kay? Yes. Ms. Lawless? Yes. Ms. Massadi? Yes. Mr. Myers? Yes. Ms. Gutchfield? Yes. Mr. Stennett? Yes, ma'am. Ms. Akers? Yes. And Mr. Clark? Yes. All right. Okay. The vote reflects passage of the motion. All right. Let's see. Second. Thank you, sir. Motion to approve. Mayor's report. There's a second. Is there any discussion? All right. Hearing none, then we take a vote. All in favor, please say aye. Aye. Opposed, no. Motion carries. That allows us to go to announcements. Floor's available for announcements. Any announcements? No announcements. Motion to adjourn. Wait a minute. Any public comments? No public comments? Okay. Motion by Vice Mayor Gorton. That was unusual. Unless there's objections, we are adjourned. We still won. We'll be right back. And I made myself so strong again somehow And I never wasted any of my time I've used in fact But if I touch you like this And if you kiss me like that